Sheldon Barnes v. The State of Texas Appeal from Criminal District Court, Magistrate Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00264-CR Sheldon BARNES, Appellant v. The STATE of Texas, Appellee From the Criminal District Court, Magistrate Court, Bexar County, Texas Trial Court No. 2021CR4518 Honorable Andrew Carruthers, Judge Presiding PER CURIAM Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: August 25, 2021 DISMISSED FOR LACK OF JURISDICTION Appellant, who was indicted on two counts of criminal mischief, attempts to appeal the trial court’s ruling that he is incompetent to stand trial. The challenged ruling is not appealable. See TEX. CODE CRIM. PROC. ANN. art. 46B.011 (“Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005.”). 1 On July 13, 2021, we ordered appellant to show cause in writing no later than July 30, 2021 why this A ruling under Article 46B.005 is a ruling regarding a defendant’s incompetency to stand trial. TEX. CODE CRIM. PROC. ANN. art. 46B.005. 1 04-21-00264-CR appeal should not be dismissed for lack of jurisdiction. Appellant has not responded. This appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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